Case 8003201/2025 · Employment Tribunal
A Lopatynska v Lloyds Bank plc — 2026
- Case reference
- 8003201/2025
- Decision date
- 20 May 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge J McCluskey
- Venue
- Edinburgh
Parties
2 namedClaimant
A Lopatynska
Respondent
Key findings
Tribunal's reasoningThe claimant was employed by Lloyds Bank Plc from 1 September 2014 until 29 August 2025 and worked as an Assistant Risk Manager from April 2024. The respondent said she was dismissed for capability, based on performance concerns raised from late 2024 onwards. The tribunal found that concerns about errors, delays and lack of sign-off for independent work were raised with the claimant, documented in 1:1 meetings, and then addressed through a structured support plan and a formal action plan.
The tribunal accepted that the claimant was given written objectives, weekly meetings, tracker documents and support from senior colleagues. It found that she had opportunities to state her position at review meetings, was accompanied by a trade union representative, appealed against moving to the formal action plan, and appealed against dismissal. The tribunal found that the respondent considered the documents and arguments she provided, including her position that she was competent and that delays or missed objectives were attributable to others, but did not accept that position.
Applying the capability and reasonableness tests under section 98 ERA, the tribunal found that the respondent believed the claimant lacked the skill or aptitude to carry out the role to the required standard and had reasonable grounds for that belief. It found that the claimant had been adequately warned and given an opportunity to improve, that the procedure followed was reasonable, and that dismissal fell within the band of reasonable responses, taking account of the respondent's size and administrative resources.
The unfair dismissal claim was dismissed as not well founded. Because the tribunal found the dismissal was fair, it said there was no requirement to consider remedy, and no compensation or other monetary award was recorded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that the unfair dismissal complaint was not well founded. It found that the reason for dismissal was capability (performance) and that the dismissal was fair. | Dismissed | — | — |
Legal tests applied
15 references- s.94 ERA
- s.98 ERA
- s.98(2)(a) ERA
- s.98(3)(a) ERA
- s.98(4) ERA
- Alidair Ltd v Taylor
- Boys and Girls Welfare Society v Macdonald
- Iceland Frozen Foods Limited v Jones
- Post Office v Foley
- HSBC Bank plc v Madden
- NC Watling and Co Ltd v Richardson
- British Leyland (UK Limited) v Swift
- range of reasonable responses
- band of reasonable responses
- balance of probabilities
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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